Q: Would it qualify as a mistrial if a judge that was removed from from a case due to conflict of interest still presides?
The judge that is presiding over the case was initially the prosecutor that brought the charges. Would that qualify as a mistrial due to conflict of interest or something else? How do you file to have this investigated? What type of motions need to be filed?
A: Are you saying the issue was raised before? It would be odd for a judge to recuse themselves but then come back to preside over the trial. What is your lawyer saying about this?
A:
If a judge who was previously the prosecutor in a case is now presiding over that same case, it can indeed be grounds for a mistrial due to a conflict of interest. This situation raises serious concerns about impartiality and fairness, as the judge's prior involvement as a prosecutor could bias their decisions.
To address this issue, you or your attorney should file a motion to disqualify the judge based on the conflict of interest. This motion should outline the judge's prior involvement as a prosecutor and argue that this creates an appearance of bias. If the motion is successful, the judge would be removed from the case, and another judge would be assigned.
Additionally, if the judge does not recuse themselves after the motion is filed, you can request an investigation by the appropriate judicial oversight body. This typically involves filing a complaint with your state's judicial conduct board. Ensuring a fair trial is a fundamental right, and taking these steps can help protect that right.
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